BOARD01469

• Board Meeting Date: 5/16/2006
• Description: WSP Section - Durango RICD Application
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
wWlv.cwcb,state.co.us

MEMORANDUM

Bill Owens
Governor

To:

Members, CWCB

Russell George
Executive Director

From: Ted Kowalski, RICD Program Manager

Rod Kuharich
eWeB Director

Date: March 8, 2006

Rick Brown
Acting Depu<y
Director

Re: Agenda Item 25, May 16-17, 2006 Board Meeting, Water Supply Protection
Section, Durango Recreational In-Channel Diversion (RICD) Application

.

Backl!round
In February 2006, the City of Durango filed for a Recreational In-Channel Diversion ("RICD") water
right on the Animas River as it flows through five proposed structures located within the City of Durango.
(Please see the attached application). We have also received supporting documentation that we will
forward to the Board in advance ofthe hearing. The RICD application is for a variety of different flows
for different time periods-associated with ditTerent structures within the whitewater park. The Staff has
filed a statement of opposition in the case that is on the consent agenda, for ratification by the Board, at
this Board meeting.

The RICD rules provide that an applicant, any party, or any Board member may request, within forty-five
days of the Application Receipt Date, that the Board hold a hearing on a pending application. The Staff
has not yet received a written request from the Applicant, or any other parties, requesting a hearing
regarding the Durango RICD; however, several parties, including the Applicant, have indicated that they
intend to request a hearing. Pursuant to Senate Bill 216 and the CWCB rules, the Board is required to file
its findings of fact and recommendations with the water court within 90 days after the final closing date
for filing statements of opposition, unless the water court grants additional time. This would require the
Board to file its findings of fact and recommendations on or before July 28, 2006. The Staff has spoken
with the Applicant's attorney and she has indicated that an extension of time would not be helpful or
necessary, and that a July 24, 2006 hearing date is acceptable.

Staff Recommendation
The Staff recommends that the Board: I) set the RICD hearing for Monday July 24, at 10:00 am, in
conjunction with the Board's currently scheduled meeting in Durango; 2) authorized the Staff and the
Attorney General's Office to participate in settlement discussions with the Applicant and the other
objectors; and 3) appoint Casey Shpall, or her designee, as a hearing coordinator to coordinate the
schedule associated with a hearing, to the extent necessary, so that the Board can meet the July 28, 2006
deadline for issuing findings of fact and recommendations.

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Attachment

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance" Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning